Bharat Risideo And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12932 of 2017 Arising Out of PS.Case No. -159 Year- 2003 Thana -RANIGANJ District- ARRARIA ======================================================
1. Bharat Risideo, S/o Late Kaleshwar Das,
2. Lakshman Risideo, S/o Late Kaleshwar Das,
3. Ramchandra Risideo, S/o Late Kaleshwar Das,
4. Kamla Devi, W/o Ramchandra Risideo,
5. Kasmi Devi, W/o Bharat Risideo
6. Jitni Devi, W/o Lakshman Risideo, All Village- Jamun Tola Bistoria, P.S.- Raniganj, District- Araria.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Raniganj P.S. Case No. 159 of 2003 registered under Sections 341, 323 and 302/34 of the Indian Penal Code. The accusation is that, in the evening of 04.07.2003, quarrel took place in between Rajan Kumari, daughter of the informant, Sandeep Ram and sons of Ramchandra Risideo (petitioner no.3) and Bharat Risideo (petitioner no.1). Due to that reason wives of petitioner nos. 1 to 3 entered in the court yard of informant and caused assault to Rajan Kumari and her mother.
When the informant returned to house in evening his wife narrated the incident. Thereafter, the informant proceeded in the village for panchayati then petitioner no. 3 started to abuse. The petitioner nos. 1 to 3 and wife of Mahavir Das also assaulted to him. Due to injury caused by petitioner nos. 4 to 6, Rajan Kumari, daughter of the informant, sustained injury and died on 06.07.2003.
Learned counsel for the petitioner submits that, in fact, only hot talk was exchanged due to quarrel in between children, but with ulterior motive, the present case has been lodged with false allegation after death of Rajan Kumari, daughter of informant, after two days of the occurrence. Moreover, no any external injury was found over the dead body of Rajan Kumari, daughter of the informant in the postmortem report and in viscera report no any poisoness substance is detected.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,
Araria, in connection with Raniganj P.S. Case No. 159 of 2003, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T